Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices 55817 

11For purposes only of accelerating the operative 

date of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. 15 

U.S.C. 78c(f). 

12 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A). 

4 17 CFR 240.19b–4(f)(6). 

5 17 CFR 240.19b–4(f)(6)(iii). 

competition; and (iii) does not become 

operative prior to 30 days after the date 

of filing or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest; provided that Nasdaq 

has given the Commission notice of its 

intent to file the proposed rule change, 

along with a brief description and text 

of the proposed rule change, at least five 

business days prior to the date of filing 

of the proposed rule change, or such 

shorter time as designated by the 

Commission. 

Nasdaq has fulfilled the five-day prefiling requirement. Nasdaq has 

requested that the Commission waive 

the 30-day operative delay. The 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest because such waiver 

would provide users of Nasdaq’s INET 

facility the ability to utilize the 

proposed Thru DOT order type 

immediately, an order type with the 

same functionality as an order type that 

is currently available for use in Nasdaq’s 

Brut facility. For these reasons, the 

Commission designates the proposed 

rule change to be effective and operative 

upon filing with the Commission.11

At any time within 60 days of the 

filing of such proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASD–2006–107 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NASD–2006–107. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room. Copies of the filing also will be 

available for inspection and copying at 

the principal office of the NASD. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NASD–2006–107 and 

should be submitted on or before 

October 16, 2006. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.12

Nancy M. Morris, 

Secretary. 

[FR Doc. 06–8142 Filed 9–22–06; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–54461; File No. SR–NASD–

2006–106] 

Self-Regulatory Organizations; 

National Association of Securities 

Dealers, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Related to Market/Limiton-Open Orders Sent to the American 

Stock Exchange or New York Stock 

Exchange 

September 15, 2006. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on 

September 11, 2006, the National 

Association of Securities Dealers, Inc. 

(‘‘NASD’’), through its subsidiary, The 

Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I and II below, which Items have 

been prepared by Nasdaq. Nasdaq has 

filed the proposal pursuant to Section 

19(b)(3)(A) of the Act 3 and Rule 19b–

4(f)(6) thereunder,4 which renders the 

proposal effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

Nasdaq proposes to establish a new 

order processing option for its INET and 

Brut facilities that allow those system 

users to direct that their market/limiton-open orders being sent to the 

American Stock Exchange (‘‘Amex’’) or 

New York Stock Exchange (‘‘NYSE’’) for 

participation in those markets’’ opening 

processes have any shares remaining 

unexecuted after the open be returned to 

the Nasdaq facility of their origin for 

display and potential execution, as 

appropriate. Nasdaq has designated this 

proposal as non-controversial and has 

requested that the Commission waive 

the 30-day pre-operative waiting period 

contained in Rule 19b–4(f)(6)(iii) under 

the Act.5

The text of the proposed rule change 

is below. Proposed new language is 

italicized. 

* * * * * 

4903. Order Entry Parameters 

(a)–(b) No Change. 

(c) Thru Brut Orders—

(1) General. A Thru Brut Order is an 

order submitted to the System that is 

designated for routing to another market 

center. The following requirements shall 

apply to Thru Brut Orders: 

(A)–(B) No Change. 

(C) Market/Limit on Open Orders—if 

requested by the entering party, 

unexecuted share amounts of market on 

open orders directed to the New York or 

American stock exchanges will be 

returned to the System for display and 

potential execution. 

(d)–(f) No Change. 

* * * * * 


rwilkins on PROD1PC63 with NOTICES
55818 Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices 

6 15 U.S.C. 78o–3. 

7 15 U.S.C. 78o–3(b)(6). 

8 15 U.S.C. 78s(b)(3)(A)(iii). 

9 17 CFR 240.19b–4(f)(6). 

10For purposes only of accelerating the operative 

date of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. 15 

U.S.C. 78c(f). 

4956. Routing 

(a) INET Order Routing Process. 

(1) The INET Order Routing Process 

shall be available to Participants from 7 

a.m. to 8 p.m. Eastern Time, and shall 

route orders as described below: 

(A)–(B) No Change. 

(C) Market/Limit on Open Orders. 

If requested by the entering party, 

unexecuted share amounts of market on 

open orders directed to the New York or 

American stock exchanges will be 

returned to the INET System for display 

and potential execution. 

* * * * * 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

Nasdaq included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. Nasdaq has prepared 

summaries, set forth in sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Nasdaq proposes to provide a new 

voluntary option for its INET and Brut 

facilities that would allow users to 

direct that, for orders being sent to the 

NYSE or Amex for participation in those 

markets’ opening process, thereafter 

return any unexecuted share amounts 

back to the originating facility for 

display and potential execution. 

Currently, such share amounts are 

automatically cancelled back to the 

entering party, and Nasdaq wishes give 

its facility users the ability to elect to 

have those unexecuted remainders to 

instead continue to participate in 

Nasdaq’s automated execution 

environment. Nasdaq believes that the 

above option would enhance the 

choices available to users of the INET 

and Brut systems to select the best 

method to execute proprietary and 

customer orders across multiple trading 

venues. 

2. Statutory Basis 

Nasdaq believes that the proposed 

rule change is consistent with the 

provisions of Section 15A of the Act,6 in 

general, and with Section 15A(b)(6) of 

the Act,7 in particular, in that it is 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to remove impediments to a free 

and open market and a national market 

system, and, in general, to protect 

investors and the public interest. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Nasdaq does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing proposed rule change is 

subject to Section 19(b)(3)(A)(iii) of the 

Act 8 and Rule 19b–4(f)(6) thereunder 9

because the proposal: (i) Does not 

significantly affect the protection of 

investors or the public interest; (ii) does 

not impose any significant burden on 

competition; and (iii) does not become 

operative prior to 30 days after the date 

of filing or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest; provided that Nasdaq 

has given the Commission notice of its 

intent to file the proposed rule change, 

along with a brief description and text 

of the proposed rule change, at least five 

business days prior to the date of filing 

of the proposed rule change, or such 

shorter time as designated by the 

Commission. 

Nasdaq has fulfilled the five-day prefiling requirement. Nasdaq has 

requested that the Commission waive 

the 30-day operative delay. The 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest because such waiver 

would immediately provide users of 

Nasdaq’s INET and Brut facilities the 

choice to have unexecuted remainders 

of certain orders either continue to 

participate in Nasdaq’s automated 

execution environment or be 

automatically cancelled. For these 

reasons, the Commission designates the 

proposed rule change to be effective and 

operative upon filing with the 

Commission.10

At any time within 60 days of the 

filing of such proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASD–2006–106 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–NASD–2006–106. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Room. Copies of the filing also will be 

available for inspection and copying at 

the principal office of the NASD. All 

comments received will be posted 

without change; the Commission does 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 185 / Monday, September 25, 2006 / Notices 55819 

11 17 CFR 200.30–3(a)(12). 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NASD–2006–106 and 

should be submitted on or before 

October 16, 2006. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.11

Nancy M. Morris, 

Secretary. 

[FR Doc. 06–8143 Filed 9–22–06; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Opportunity for Public 

Comment on Grant Acquired Property 

Release at Lexington County, Pelion, 

SC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: Under the provisions of Title 

49, U.S.C. 47107(h)(2), notice is being 

given that the FAA is considering a 

request from the County of Lexington to 

waive the requirement that 

approximately 2.38—acres of airport 

property, located at the Lexington 

County Airport, be used for aeronautical 

purposes. 

DATES: Comments must be received on 

or before October 25, 2006. 

ADDRESSES: Comments on this notice 

may be mailed or delivered in triplicate 

to the FAA at the following address: 

Atlanta Airports District Office, Attn: 

Parks Preston, Program Manager, 1701 

Columbia Ave., Suite 2–260, Atlanta, 

GA 30337–2747. 

In addition, one copy of any 

comments submitted to the FAA must 

be mailed or delivered to Katherine L. 

Doucett, County Administrator for 

Lexington County at the following 

address: Lexington County 

Administrator, 212 South Lake Drive, 

Lexington, SC 29072. 

FOR FURTHER INFORMATION CONTACT: 

Parks Preston, Program Manager, 

Atlanta Airports District Office, 1701 

Columbia Ave., Suite 2–260, Atlanta, 

GA 30337–2747, (404) 305–7149. The 

application may be reviewed in person 

at this same location. 

SUPPLEMENTARY INFORMATION: The FAA 

is reviewing an application by the 

County of Lexington to release 

approximately 2.38 acres of airport 

property at the Lexington County 

Airport. The property consists of one 

parcel located on the west side of the 

airport along South Carolina Highway 

625. This property is currently shown 

on the approved Airport Layout Plan as 

aeronautical use land; however the 

property is currently not being used for 

aeronautical purposes and the proposed 

use of this property is compatible with 

airport operations. The County will 

ultimately sell the property for a future 

South Region Public Safety Service 

Center with proceeds of the sale 

providing funding for future airport 

development. 

Any person may inspect the 

application in person at the FAA office 

listed above under FOR FURTHER

INFORMATION CONTACT. In addition, any 

person may, upon request, inspect the 

application, notice and other documents 

germane to the request in person at the 

Lexington County government offices. 

Issued in Atlanta, Georgia on September 8, 

2006. 

Scott L. Seritt, 

Manager, Atlanta Airports District Office, 

Southern Region. 

[FR Doc. 06–8125 Filed 9–22–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Agency Information Collection Activity 

Seeking OMB Approval 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The FAA invites public 

comments about our intention to request 

the Office of Management and Budget’s 

(OMB) revision of a current information 

collection. The Federal Register Notice 

with a 60-day comment period soliciting 

comments on the following collection of 

information was published on March 

15, 2006, vol. 71, no. 50, pages 13444–

13445. Fractional Ownership is a 

program that offers increased flexibility 

in aircraft ownership. 

DATES: Please submit comments by 

October 25, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Carla Mauney at Carla.Mauney@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Federal Aviation Administration (FAA) 

Title: Fractional Aircraft Ownership 

Programs. 

Type of Request: Revision of a 

currently approved collection. 

OMB Control Number: 2120–0684. 

Forms(s): There are no FAA forms 

associated with this collection. 

Affected Public: An estimated 11 

respondents. 

Frequency: This information is 

collected on occasion. 

Estimated Average Burden per 

Response: Approximately 45 minutes 

per response. 

Estimated Annual Burden Hours: An 

estimated 16,484 hours annually. 

Abstract: Fractional Ownership is a 

program that offers increased flexibility 

in aircraft ownership. Owners purchase 

shares of an aircraft and agree to share 

their aircraft with others having an 

ownership share in that same aircraft. 

Owners agree to put their aircraft into a 

‘‘pool’’ of other shared aircraft and to 

lease their aircraft to another owner in 

that pool. That aircraft owners use a 

common management company to 

maintain the aircraft and administer the 

leasing of the aircraft among the owners. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget. Comments should be addressed 

to Nathan Lesser, Desk Officer, 

Department of Transportation/FAA, and 

sent via electronic mail to 

oira_submission@omb.eop.gov or faxed 

to (202) 395–6974. Comments are 

invited on: Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Department, including 

whether the information will have 

practical utility; the accuracy of the 

Department’s estimates of the burden of 

the proposed information collection; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Dated: Issued in Washington, DC, on 

September 15, 2006. 

Carla Mauney, 

FAA Information Collection Clearance 

Officer, Information Systems and Technology 

Services Staff, ABA–20. 

[FR Doc. 06–8127 Filed 9–22–06; 8:45 am] 

BILLING CODE 4910–13–M 


rwilkins on PROD1PC63 with NOTICES